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Hello - I hope someone can help me
Our previous legal representatives filed the Particulars of Claim with an error on the date. We are now representing ourselves in a fast track county court case on a civil matter.
The POC states the date as 1998 when in fact is should have been 2008. Under the statutes of limitation we have no choice but to file make an application for an Order (form N244) to change the date but I'm unsure what to ask for in my application - should I make an application without consent? Can I make an application without consent given that all parties don't dispute the date and refer to the correct date within their defence statement and witness statements?
The error has been spotted at a very late stage - witness statements have already been exchanged and a hearing date has been set and we don't want to give the Defendant an opportunity to file a new line of defence.
Thanks in advance
Our previous legal representatives filed the Particulars of Claim with an error on the date. We are now representing ourselves in a fast track county court case on a civil matter.
The POC states the date as 1998 when in fact is should have been 2008. Under the statutes of limitation we have no choice but to file make an application for an Order (form N244) to change the date but I'm unsure what to ask for in my application - should I make an application without consent? Can I make an application without consent given that all parties don't dispute the date and refer to the correct date within their defence statement and witness statements?
The error has been spotted at a very late stage - witness statements have already been exchanged and a hearing date has been set and we don't want to give the Defendant an opportunity to file a new line of defence.
Thanks in advance
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